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Michael Bolser, LLC Service Agreement
Michael Bolser, LLC of 2215 Summit View Drive, Valrico, Florida, 33594 (the "Service Provider")
BACKGROUND:
The Customer is of the opinion that the Service Provider has the necessary qualifications, experience and abilities to
provide services in connection with the business of the Customer.
The Service Provider is agreeable to providing such services to the Customer, on the terms and conditions as set out in
this Agreement.
IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement,
the receipt and sufficiency of which consideration is hereby acknowledged, the parties to this Agreement agree as follows:
Engagement
1. The Customer hereby agrees to engage the Service Provider to provide the Customer with services consisting of Advice
regarding commodities., and such other services as the Customer and the Service Provider may agree upon from time to time
(the "Services"), and the Service Provider hereby agrees to provide the Services to the Customer.
Term of Agreement
2. The term of this Agreement will begin on the date of this Agreement and will remain in full force and effect for
a period of either 180 or 365 days unless cancelled by Customer via e-mail notification to Michael Bolser, LLC at the address
shown below.
Performance
3. Both parties agree to do everything necessary to ensure that the terms of this Agreement take effect.
Compensation
4. For the Services provided by the Service Provider under this Agreement, the Customer will pay to the Service Provider
compensation in the amount of either $264 per annum or $369 per annum.
Legal Expenses
5. In the event that legal action is brought to enforce or construe any term of this Agreement, the prevailing party
will be entitled to recover, in addition to any other damages or award, all reasonable legal costs and fees associated with
the action.
Notice
6. All notices, requests, demands or other communications required or permitted by the terms of this Agreement will
be given in writing and either served personally, by email or by registered mail. The addresses for any notice to be delivered
to any of the parties to this Agreement are as follows:
a. Customer, file address.
b. Michael Bolser, LLC, 2215 Summit View Drive, Valrico, Florida, 33594, michael.bolser@verizon.net.or to such other
address as to which any party may from time to time notify the other.
Enurement
7. This Agreement will enure to the benefit of and be binding upon the respective successors and assigns of the parties.
Confidentiality
8. The Service Provider acknowledges that a material term of the Agreement with the Customer is to keep all confidential
information belonging to the Customer absolutely confidential and protect its release to the public. The Service Provider
agrees not to divulge, reveal, report or use, for any purpose, any confidential information which the Service Provider has
obtained or which was disclosed to the Service Provider by the Customer.
9. The obligation to protect the confidentiality of the Customer's confidential information will survive the termination
of this Agreement and will continue indefinitely.
10. The Service Provider may disclose any of the confidential information:
a. to a third party where the Customer has consented in writing to such disclosure; and
b. to the extent required by law or by the request or requirement of any judicial, legislative, administrative or other
governmental body. However, the Service Provider will first have given prompt notice to the Customer of any possible or prospective
order (or proceeding pursuant to which any order may result), and the Customer will have been afforded a reasonable opportunity
to prevent or limit any disclosure.
Assignment
11. This Agreement is a personal one, being entered into in reliance upon and in consideration of the personal skill
and qualifications of the Service Provider. The Service Provider will not voluntarily or by operation of law assign or otherwise
transfer the obligations incurred pursuant to the terms of this Agreement without the prior written consent of the Customer.
Capacity/Independent Contractor
12. It is expressly agreed that the Service Provider is acting as an independent contractor and not as an employee
in providing the Services hereunder. The Service Provider and the Customer acknowledge that this Agreement does not create
a partnership or joint venture between them.
Modification of Agreement
13. Any amendment or modification of this Agreement or additional obligation assumed by either party in connection
with this Agreement will only be binding if evidenced in writing signed by each party or an authorized representative of each
party.
Time of the Essence
14. Time will be of the essence of this Agreement and of every part hereof. No extension or variation of this Agreement
will operate as a waiver of this provision.
Entire Agreement
15. It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement
except as expressed in it.
Severability
16. In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in
part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts
severed from the remainder of this Agreement.
Additional Clauses
17. Michael Bolser, LLC is NOT a registered financial consultant, advisor, broker or holder of any regulatory license.
Customer agrees that commodity advice is highly speculative in nature and therefore agrees NOT to hold Michael Bolser, LLC
liable for any losses born as a result of incorrect advice received from Michael Bolser, LLC. Michael Bolser, LLC notifies
customer in this agreement that some of his clients have lost money as a result of advice received from Michael Bolser, LLC
and that this could also occur to customer. Michael Bolser, LLC makes no claim as to the current or future profit potential
of his advice.
Michale Bolser, LLC believes the information supplied in charts and commentary is accurate but cannot guarantee the continuing
accuracy of recommendations contained on this websiste or in communications.
Currency
18. Unless otherwise provided for, all monetary amounts referred to herein will be paid in US dollars.
Termination of Agreement
19. The Customer may terminate this Agreement at any time by giving the Service Provider 30 days notice via e-mail.
The Service Provider may terminate this Agreement at any time by giving the Customer 30 day notice.
20. The obligations of the Service Provider under this Agreement will terminate upon the earlier of the Service Provider
ceasing to be engaged by the Customer or the termination of this Agreement by the Customer or the Service Provider.
Governing Law
21. It is the intention of the parties to this Agreement that this Agreement and the performance under this Agreement,
and all suits and special proceedings under this Agreement, be construed in accordance with and governed, to the exclusion
of the law of any other forum, by the laws of the State of Florida, without regard to the jurisdiction in which any action
or special proceeding may be instituted.
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